Product Duplication Question (iPhone 4 Cases)

[LunarCastle]

So, this is just a question and this isn't pertaining to any legal case including me, and I most definitely do not expect legal advice.

Someone is making iPhone 4 cases. Their method of creation is buying generic, pre-made phone case with a clear backing and then using adhesive to bind printed fabric to the inside of the clear backing of the case.

They did not create the cases and they did not design, weave, and produce the fabric. They bought both items separate and combine them to make the final product.

They do not own a patent on the designs, though their website states "Patent Pending". They have states they are attempting to patent the process of making the cases.

Now, would they be able to stop other people from buying identical blank phone cases from the same source as them, then buying fabric with different prints on it and making similar phone cases?

The only difference between their cases and someone elses would be the print of the fabric.

Is this legal? Or do they have the right to stop anyone from gluing printed fabric to the back of a case and selling it?

For reference, they are NOT the first to do this, they are just the ones who got popular for it by chance. Does this affect their rights to the phone cases?


Just looking for opinions mainly as I am interested why someone would think they can claim ownership for something they did not originally conceive and something that is just a combination of premanufactured items available to anyone on the market.


Cheers!

[AFFA]

I wish to inform you that as there is no patent thus other person cannot be stopped. The restriction to sell can be applied if there is a patent. Further when someone has added feature of fabric and different print cases then the product has been differentiated and two products may not be regarded as similar. There has been additional utility in terms of looks of iphone 4 cases.

AFF

Originally Posted by AFFA I wish to inform you that as there is no patent thus other person cannot be stopped. The restriction to sell can be applied if there is a patent. Further when someone has added feature of fabric and different print cases then the product has been differentiated and two products may not be regarded as similar. There has been additional utility in terms of looks of iphone 4 cases. AFF

Would they be able to receive a design patent on their phone cases? The cases are pre-manufacured and available to anyone, but they are adding fabric to the back to give it an artistic look. The fabric is also pre-manufactured and is not made by them.

So, would they be granted a design patent for combining two pre-made items with glue? Is there any cases of something similar happening with a different product? I have not been able to find anything related.

They use fabric printed with floral designs, and some with American flags as well as skulls. Could someone make phone cases identical to theirs BUT use different prints of fabric?

A similar comparison would be someone buying plain white t-shirts and then putting a design on them, could someone receive a design patent for that, and could someone else buy the same shirts and put a similar design on them with similar style and sell them?

Honestly if that is too many questions, just tell me to dig a hole and bury myself and I won't bother you anymore, I must sound obsessed.

Thank you!